Freedom of information

Parliamentary scrutiny

A plan to exempt MPs from scrutiny

ONE of Labour's hoariest manifesto pledges—promised to voters for over 25 years—was to bring in legislation to illuminate the notoriously dark corridors of government. Amid inspiring talk about the public's right to know, Tony Blair signed the Freedom of Information Act (FOIA) into law in 2000.

Lately though the powers that be seem to be having second thoughts. Last year the government proposed making it easier for civil servants to reject requests and limiting the number of queries allowed each year to any person or organisation. Now Parliament is debating whether to go further. David Maclean, a Conservative MP and former whip, is sponsoring a private member's bill that would remove the Lords and the Commons from the scope of the FOIA, and exempt MPs' communications with public authorities from disclosure.

Most private members' bills never make it into law, and Mr Maclean has been modest about his bill's prospects. But it has in fact done rather well: introduced in December last year, it has passed its second reading and is due for debate again on May 18th. Such endurance suggests that it is more popular than Mr Maclean lets on. That was confirmed on May 14th, when the Campaign for Freedom of Information (CFOI), a lobbying outfit, published an e-mail from Labour's parliamentary leaders advising their MPs to vote for the bill.

Supporters argue that amending the act is necessary to prevent busybodies from forcing MPs to publish letters from or about their constituents, which ought to remain private. “The kindest thing to say is that this is based on a total misunderstanding of the legislation,” notes Maurice Frankel, head of the CFOI. He says that members' correspondence is already safeguarded under both the existing FOIA and data-protection laws.

Cynics detect darker motives. In February Norman Baker, a Liberal Democrat MP, used the FOIA to publish detailed breakdowns of members' travel expenses (after a long battle with parliamentary authorities), which led to awkward questions about value for money. Such questions can spell electoral disaster: David McLetchie, the leader of the Conservative Party in the devolved Scottish Parliament (which has its own act), was forced recently to resign over irregularities in his expenses. Nor is it just members' allowances that Mr McLean would exempt from disclosure: all parliamentary correspondence with officialdom would be kept secret.

Not all lawmakers are in favour of the proposal. The Liberal Democrats have condemned it, and several cabinet ministers are thought to be opposed. FOIA fans hope that the arrival of Gordon Brown—currently chancellor of the exchequer—into the top job next month may strengthen their hand. Aware of Mr Blair's reputation for spin and dissembling, Mr Brown has been promising a “new era of openness” in government. Sinking this bill would be an excellent place to start.